disability lawyers


IS IT HARD TO WIN DISABILITY WITH A MOOD DISORDER ?





It definitely can be. Obviously, since 70 percent of all initial claims for social security disability and SSI are denied and an even higher percentage of first appeals (known as reconsiderations or reviews) are also denied, it can be quite hard to win disability benefits. However, it can be more difficult to win SSDI (social security disability) or SSI on the basis of certain impairments. And mood disorders often fit the bill.

What does social security consider to be mood disorders? The answer to this question may be surprising since some people consider anxiety and depression to be related. However, SSA considers mood disorders to be affective disorders and these include depression (for example, major depression and dysthymia) and bipolar disorder. These are viewed separately from anxiety-related disorders with differing criteria for an approval of benefits.

Why can it be difficult to win disability on the basis of a mood disorder? For several reasons.

First of all, while the evaluation of physical impairments (for example, COPD, asthma, diabetes, arthritis, and even fibromyalgia) involves medical evidence that is typically more objective in nature, including physical observations and the results of tests and imaging studies, the evaluation of mental impairments is often based on evidence that is more subjective and less concrete.

Secondly, however, it is an unfortunate reality that many applicants for social security disability or SSI disability simply do not have the medical records they need to establish the severity of their condition. In other words, they often lack a well-developed history of treatment, provided by a qualified mental health professional (psychologist, psychiatrist). Even in cases where a claimant does have a treating psychiatrist, the frequency of treatment is often "spotty" and irregular, making it more difficult to present a "winning case" for disability benefits.

What happens if an individual files for disability on the basis of a mood disorder but does not have a well developed history of mental health treatment? Very often, the disability examiner who is attempting to make a decision on the claim will end up sending the claimant to an independent mental examination (known as a mental CE, or consultative examination). These types of examinations are conducted by doctors who do not work for social security, but have agreed to provide examinations to disability applicants in exchange for compensation.

Will a mental consultative examination help you win your case if you are applying for disability on the basis of a mood disorder? In some cases, yes. However, these types of examinations can never take the place of a solid history of treatment, provided by a qualified mental health professional. Therefore, to have the best chance possible of winning your disability, you should, ideally, receive treatment on a regular basis.








Social Security Disability and SSI Disability Information








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Other pages on Social Security Disability Secrets


  1. What does a social security claims representative do on a disability claim?

  2. Should you apply for disability online or at a social security office?

  3. How does a decision on a disability case get made?

  4. Social Security Disability Requirements

  5. Appealing disability claims

  6. Why do you need a lawyer for a disability case?

  7. Denied for disability how do I appeal?

  8. ALJ decision - how long will it take?

  9. Disability Qualifications

  10. Applying for Disability for a mental condition

  11. Medical Determinations for Social Security Disability

  12. Why does Social Security send you to a medical examination ?

  13. How does age affect your social security disability application ?

  14. If you have financial problems can you get a disability hearing sooner ?

  15. How long is social security allowed to set a disability hearing date ?

  16. What does social security consider to be disabilities ?





















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